Marriage and common-law relationships - yhteiskuntaorientaatio.fi
Marital status is a person’s official relationship status
Marital status is information which is registered in the Finnish population information system. Marital status shows if a person is officially in a relationship or not. A person’s marital status can be married, unmarried, divorced, widowed or in a registered partnership.
Living in a common-law relationship is very common in Finland
In Finland, it is normal that not all couples get married even though they are in a steady relationship. If a couple is not married, but they live together, they are in a common-law relationship and are each other’s common-law spouses (avopuoliso). A common-law relationship is not an official marital status, meaning that this is not registered in the population information system.
Common-law relationships have no written contract. Legally, common-law spouses do not have the same rights and obligations as married couples. Common-law spouses do not have maintenance liability (elatusvelvollisuus) of the other, meaning that one spouse does not have to provide for the other if the other is, for instance, unemployed. If one spouse dies, the other will not inherit their estate unless this has been written in a will. Common-law spouses decide together on how to divide the family’s income and expenses.
Common-law relationships have become more common in past decades. Now couples are typically in a common-law relationship before they get married. It is also normal for common-law spouses to have children. In one fifth of families with children, the parents are not married. Though common-law relationships are common, most people get married at some point in their life. Often couples get married after the birth of their first child.
The status of the child is almost the same regardless of whether their parents are married or not. The child can receive the surname of either parent, they have the right to inherit their parents’ estate and they can receive orphan’s pension if a parent dies. Both parents are obligated to provide for their child even though they are not married.
Marriage makes the relationship legally official
In 2023, almost 2 million people living in Finland were married. They have been joined in marriage and are each other’s spouses. Marriage is a relationship between two people and it is governed by law. Spouses have legal rights and obligations. Spouses are equal in a marriage, meaning they have the same rights and obligations.
Marriage is based on the consent of both spouses and a shared decision to be joined in marriage. Arranged marriages are not a Finnish custom. Marriages between cousins are legally possible, but in Finland they are considered undesirable for health reasons and they are very rare.
The equal Marriage Act grants same-sex couples the right to marry
Changes have been made to the Marriage Act in Finland. The law was last amended in 2017, when the equal Marriage Act came into effect. This means that same-sex couples can also get married. Before this, in 2002–2017, male couples and female couples were able to have a registered partnership (rekisteröity parisuhde).
A registered partnership was a contract similar to marriage, but the couples did not have all the same rights as married couples.
The equal Marriage Act is a consequence of the development in recent decades in Western countries where more attention is placed on the rights of sexual and gender minorities as well as other human rights. Discrimination based on sexual orientation has been illegal since 1995.
There are many legal aspects to marriage
Examination of impediments to marriage is a requirement for marriage
Legally, a person can get married if there are no impediments to the marriage. Before a couple is married, the authorities examine if there are any impediments to the marriage (avioliiton esteiden tutkinta). If there are no impediments, the couple receives a certificate of this.
If a foreigner wants to be married in Finland, they may have to obtain documents from their home country. That is why you should request the examination in good time.
The impediments to marriage are dictated by law
Impediments to marriage in Finland include
- Polygamy. Polygamy is forbidden by law. You can only be married to one person at a time. You can enter a new marriage only once you have divorced your previous spouse.
- Age. A child cannot marry. The minimum age limit for marriage in Finland is 18.
- Relatives. It is forbidden to marry a close relative. It is forbidden to marry one’s own parent, child, sibling or stepsibling.
Engagement is an informal agreement with no legal consequences
Engagement is a voluntary and informal agreement for the couple to marry later. Engagement is not a legal contract and it does not legally obligate anyone to do anything. Law does not require a certain engagement period before marriage. As a sign of engagement, the couple often acquires engagement rings.
Engagement can freely be cancelled if one or both of the partners want to do so. Dissolution of the engagement does not have to be reported to the authorities.
Civil marriages and religious marriages
The marriage ceremony can be performed as a civil ceremony (siviilivihkiminen) or a religious ceremony (kirkollinen vihkiminen). Nowadays approximately half of marriage ceremonies are performed as a civil ceremony.
A civil ceremony can be performed at the Digital and Population Data Services Agency or District Court (käräjäoikeus). The ceremony is performed by an official with the right to marry. The official can also perform the ceremony at a different location, but this is subject to a fee.
A religious marriage ceremony can be carried out by a priest of the Evangelical Lutheran Church or Orthodox Church. A religious marriage ceremony can also be carried out by a representative of some other religious community registered in Finland who has been granted the right to perform marriage ceremonies by the Digital and Population Data Services Agency. A marriage ceremony performed in a religious community is only official if the couple is married by a person with an official right to marry. Before the ceremony, the examination of impediments to marriage has to be completed.
Both spouses must always be personally present at the ceremony. When the couple has been married, they become each other’s marital spouses.
Marriages performed in other ways, for example, in a religious community, are not legally valid in Finland and Finnish law takes no stand on these. A marriage ceremony performed abroad can be registered in the Finnish population information system if it is an official marriage with a certificate verified by the authorities of that country.
More information about registering a marriage concluded abroad: Marriage concluded abroad (dvv.fi) suomi, ruotsi, englanti
Changing surnames upon marriage is voluntary for both spouses
When a couple marries, they can take the same surname if they want. For a long time it was typical that the wife took her husband’s surname. The Names Act from 1930 to 1986 made this obligatory. Now it is possible for the husband to take his wife’s surname. Both can also keep their own surnames, or the couple can take a completely new, shared surname. If they want to, one or both spouses can combine their names into a compound surname (sukunimiyhdistelmä).
Spouses have equal rights and obligations in marriage
The Marriage Act states the rights and obligations of spouses in a marriage. The law states that the spouses must trust each other, respect each other and act together for the good of their family. The spouses must take care of each other, their children, their home and their shared finances. Spouses have maintenance liability. This means that if one in the couple is, for instance, unemployed or at home with a child, the other must buy them food and clothing.
According to the law, every person has sexual self-determination in marriage and all relationships. If another person forces someone into sexual intercourse, it is rape. This is a crime both in marriage and outside of marriage. Domestic abuse is also a crime in Finland. It is forbidden to hit or otherwise hurt a spouse.
More information about sexual self-determination in Sexual health
More information about domestic violence in Support for families in difficult situations
Spouses do not have the right to receive information about the other spouse’s health, for instance, from a doctor without the consent of the spouse. A spouse can decide about the care of their wife or husband only under exceptional circumstances.
Spouses can have shared property in a marriage, but they can also have their own property. One spouse cannot, for instance, sell the property of the other. One cannot sell a shared home or movables without permission of the other. If a married couple takes out a loan together, they are responsible for paying it back together. If one of the spouses takes out a loan alone, they are solely responsible for paying it back.
Marital right regulates the division of property at the end of marriage
Financial standing between the spouses is secured by marital right (avio-oikeus). This means that at the time of divorce, all of the property of the spouses is counted together and shared to both in equal parts. If one spouse dies, the property of the dead spouse and the widow are counted together and divided before distribution of inheritance. Marital right cannot be overturned by a will, but it can be overturned or it can be limited with a marriage settlement (avioehtosopimus).
Marital right becomes valid only once the marriage ends. During a marriage, property belongs to the spouse in whose name this property is. Spouses have the obligation to manage property under the marital right in such a way that its value does not needlessly decrease.
Marriage settlements can limit marital right
If the spouses want to keep their property separate, they can write up a marriage settlement. They can agree that the marital right is not valid or that it only applies to some of the spouses’ property. With a marriage settlement, spouses agree to how their property will be distributed if one dies or there is a divorce.
It is quite common for couples to write up a marriage settlement. If the marriage ends in divorce, there are often arguments about property. These can be avoided with a marriage settlement.
Divorces are common in Finland
A divorce means that the marriage is terminated. Spouses can file for divorce together or one spouse can file for divorce alone. The consent of both spouses is not required for a divorce and no justifications are necessary. You can file for divorce from the District Court. The court does not investigate why the couple is filing for divorce.
When a person files for divorce, a six-month reconsideration period begins. When the reconsideration period ends, one of the spouses or both spouses together make a petition for final divorce. Then the divorce is in force and the marriage is terminated. If the petition is not filed after the reconsideration period, the original application will lapse after a year of its filing and the marriage will remain in force.
With the divorce, a distribution of property is carried out, meaning that the couple’s property is distributed either according to marital law or a marriage settlement. Sometimes there are disputes about property or children. Then the couple may need the help of a lawyer.
The reason for divorce is usually a poorly functioning relationship. If the spouses have unresolved disputes, they may end up divorcing. Often couples try to solve their issues through conversation. Couples therapy may help. The reason for divorce may also be infidelity, substance abuse issues or violence.
Nowadays, divorces are common in Finland and people do not have to remain in unhappy marriages. Divorce is not shameful in Finland. It is also common for people to get remarried with a new spouse.
Parents often have joint custody of children after divorce
If a couple has children, they must agree on how they will handle children’s matters after divorce. The parents must decide who the children’s guardians are. The guardian’s task is to take care of the child and decide on the child’s matters. In Finland, adults must listen to the child on matters which affect them.
Typically both parents are the child’s guardians after divorce. This means they have joint custody and they decide about the child’s matters together. The parents must agree on where the child will live. The child’s address can only be in one place, even if they spend as much time with both parents. It is rather common for children to live half of the time with one parent and half with the other. In such a case, it is important that the homes are rather nearby so that the child can attend school or daycare from both homes.
In many families of divorce, the children see one of their parents only during weekends or less frequently. The child has the right to meet both their parents. A child over the age of 12 has the right to decide whether they want to meet with the other parent at all. After a divorce, the social services of the wellbeing services county manage contractual matters relating to the children together with the parents.
It is also possible that only one of the parents is named the child’s official guardian. This can be the case, for instance, when the parents are unable to agree on the child’s matters or if one of the parents lives abroad. The parent who lives with the child in such a case has sole custody.
Parents have financial responsibility for their children, meaning that they must make sure that the child has food and clothing. Even after divorce, both parents have financial responsibility. The parent with whom the child lives receives maintenance allowance (elatusapu) from the other parent. With this money, the guardian can cover the costs of the child’s upkeep, food, clothing and other expenses.
Parents can agree on the child’s maintenance and living arrangements together, but often it is wise to make a written agreement with a child welfare supervisor (lastenvalvoja).
Family mediation can help with disputes
When a couple divorces, they must agree on property and the children’s matters. In Finland, the Marriage Act states that couples must try to resolve disputes and legal matters through negotiation. Disputes may be related to inheritance or the right to meet with the child.
Sometimes a couple is unable to resolve their disputes alone. Then they can request help and support from family mediation (perheasioiden sovittelu). Family mediation is a municipal service which is voluntary, confidential and free of charge.